Helped Terms of Service

Version 2.2: Last Modified on, April 11, 2022.

Overview

This Terms of Service (or “Terms”) is an agreement between you (“you” or “your”) and Sway Health, Inc. (“Company,” “we,” or “our”), a Delaware corporation, operating in Denver, Colorado, with its principal offices at 4383 Tennyson Street, Denver, Colorado 80212, and any other companies that are subsidiaries and affiliates of Sway Health, Inc. When used in the context of the company name, “Helped” may also refer to Sway Health, Inc.

These Terms govern your use of the website www.tryhelped.com, and the services and information available on the website (collectively, “Site”) accessed by you (Patient Members, Helped Clinical Partners), whether through a computer, mobile device, tablet, or any Helped app.

You accept and agree to be bound by these Terms, the Helped Privacy Policy, Disclaimer, and any other policies in place when you access or use the Site. If you do not agree to abide by or be bound by these Terms or any of the other policies of Helped, then do not access or use the Site.

Helped is an online tool to help Patient Members research and find healthcare providers for a wide range of medical issues. Any decision to schedule with one of the Helped Clinical Partners on the Site is at the sole discretion of the Patient Member.

1. Modification

Helped reserves the right to make changes to the Site, these Terms and other policies. If Helped makes material changes to these Terms or other policies, then Helped will either notify you by email or by posting a notice on the Site prior to the effective date of the changes. Helped will also indicate at the bottom of this page the date these Terms were last updated. These Terms are effective upon acceptance by new users. For current users, these Terms are effective as of, April 12, 2022 and supersede all previous versions of the Helped Terms of Service. If any section or portion of these Terms shall be deemed invalid, void or for any reason unenforceable, then that section of the Terms shall be deemed severable and shall not affect the validity of the remaining condition. Your continued use of the Site after any such changes are posted constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future terms, you may not use or access the Site.

2. Medical Advice

The content (which includes any text, graphics, images or other material contained, accessed or entered on the Site by you or a Helped Clinical Partner (“Content”) is for educational/informational purposes only and is not a substitute for medical advice, diagnosis or treatment provided by a qualified healthcare provider. Your reliance on any information (including any links to third party websites containing any information about Helped Clinical Partners) or Content provided on the Site, whether or not it is provided by a Helped Clinical Partner, is solely at your own risk. You should always seek the advice of your healthcare provider for any questions you may have about your own medical condition.

3. How and When You May Use the Site

General Helped Site Use

You may use the Site to research treatment options, schedule appointments, and communicate with care coordinators. You may only use the Site for personal, non-commercial uses, and you may not use the Site to advertise or promote a product, service, procedure, business, healthcare provider or another person. You may not use the Site:

  • – If you are under 18.
  • – In any way or for any purpose that is against any local, state, federal or any other applicable laws.
  • – In any way or for any purpose that harms or endangers us or our affiliates, resellers, distributors, service providers and/or suppliers (collectively, the “Helped Partners”), or any customer of a Helped Partner;
  • – To exploit, solicit or harm minors;
  • – To copy any Content from the Site, including, but not limited to, condition content, treatment content, quiz flows, quiz logic, photographs, and videos. You may not post any content, photographs, or videos from the Site on another third-party website.
  • – To post or submit any Content that is racist, sexist, inflammatory, defamatory, hateful, harassing, threatening, abusive, profane, obscene, vulgar or sexually explicit, false, misleading, fraudulent, invasive of another’s privacy or publicity rights, infringing of another’s intellectual property rights, contains any trade secrets or other confidential information, or otherwise offensive or objectionable;
  • – To promote, encourage or glorify violence, self-harm, suicide, anorexia, bulimia, or any other practice that is unhealthy or harmful;
  • – To post your name, email address(es) or telephone number(s), URL(s) or any other confidential or personally identifiable information about you or any other person on the Site;
  • – To provide or purport to provide medical advice, prescription, diagnosis, or treatment recommendations;
  • – To register for multiple accounts or use the account of another person without their authorization;
  • – To impersonate or pretend to be any person other than yourself, including to impersonate or pretend to be a healthcare provider;
  • – To attempt to solicit business or direct website visitors to a non-Helped site for commercial purposes or spamming any Helped Clinical Partners, Patient Members or other users;
  • – You agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site;
  • – To post links to sites or files that contain or are viruses, spyware, malware, or other harmful content;
  • – To attempt to interfere with or disrupt the Site or any person’s ability to use the Site;
  • – To create and upload reviews or comments in exchange for monetary compensation or other incentive; or
  • – For any purpose for which the Site is not intended.

Any use of the Site other than as specifically authorized herein, without the prior written permission of Helped, is strictly prohibited. In addition, Helped is not obligated to enforce these Terms against Helped Clinical Partners or other third-parties on your behalf. If you believe a Helped Clinical Partner or other third party has violated these Terms, then please contact Helped by emailing hello@tryhelped.com. Helped reserves the right to investigate the matter and take whatever action Helped deems appropriate in its sole discretion.

4. Authorization and Acknowledgement of Helped Clinical Partner Relationships and Helped Clinical Partner Lists

In connection with using the Site and the Services to locate and schedule appointments with Helped Clinical Partners, you understand that: YOU ARE RESPONSIBLE FOR CHOOSING YOUR OWN HEALTHCARE PROVIDER, INCLUDING WITHOUT LIMITATION, DETERMINING WHETHER THE APPLICABLE HEALTHCARE PROVIDER IS SUITABLE FOR YOUR HEALTHCARE NEEDS BASED ON SPECIALTY, EXPERIENCE, QUALIFICATION, LICENSES AND OTHER IMPORTANT FACTS AND CIRCUMSTANCES THAT COULD IMPACT YOUR CARE.

Helped does not currently take steps to (a) verify that Helped Clinical Partners participating in the Services hold certain active licenses, certifications or registrations required by law to practice the specialties of the services offered by them through the Services, or (b) verify that Helped Clinical Partners are not listed in the U.S. Department of Health and Human Services Office of the Inspector General Exclusion database. Helped may exclude Helped Clinical Partners from our Services who, in Helped’s discretion, have engaged in inappropriate or unprofessional conduct.

Some Helped Clinical Partners listed through the Services enter into contracts with us, and may pay us a fee in order to be marketed through or to use the Services. To help you find Helped Clinical Partners who may be suitable for your needs, and enable the maximum choice and diversity of Helped Clinical Partners participating in the Services, we will provide you with lists and/or profiles of Helped Clinical Partners. These results are based on information you provide to us, such as insurance information, geographical location, healthcare specialty, condition, treatment option, etc. They may also be based on other criteria (including, for example, Helped Clinical Partner availability, past selections by and/or ratings of Helped Clinical Partners by you or by other Helped users, and past experience of Helped users with Helped Clinical Partners). Note that Helped (a) does not recommend or endorse any Helped Clinical Partners, and (b) does not make any representations or warranties with respect to these Helped Clinical Partners or the quality of the healthcare services they may provide.

5. User Email Consent

You agree to provide Helped with accurate, current and complete information about yourself as may be prompted in any registration forms on the Site. Helped reserves the right to refuse to provide services to anyone, including preventing you from accessing the Site, with or without cause, at any time and in its sole discretion.

By using the Site and providing personal information to Helped such as your email address, you consent to receive emails from Helped, which may include commercial emails provided such emails are in accordance with the preferences you select by emailing hello@tryhelped.com. You may change such preferences via the unsubscribe link in all commercial emails.

6. Materials You Post or Provide; Communications Monitoring

As a Patient Member, you may be able to post or submit reviews, comments, questions, direct messages, photographs, videos (including videos created through a third-party tool) and other materials on or through the Site (collectively, “Submission” or “Submissions”). Your Submissions, (including to the extent applicable personally identifiable information), are made voluntarily and are subject to the Helped Privacy Policy. You understand Helped is not required to treat any of your Submissions as confidential. In addition, you understand and agree that your Submissions (including your username associated with your Submissions) are not confidential and are publicly available for anyone to view on the Site.

Helped does not claim ownership of the Submission(s) you post or submit on the Site. With the exception of any information you directly submit by providing your Submission on the Site, you are hereby expressly granting Helped a nonexclusive, irrevocable, worldwide, perpetual, royalty free license (including sublicense) to use, copy, distribute, publicly display, publicly perform, modify (including create derivative works) or transmit (including digital transmission of a sound recording) your Submission, in connection with the Site and the Helped business, including without limitation promoting and redistributing part or all of the Site or the Helped business, in any media formats and through any media channels now known or hereafter developed. You also grant Helped permission to publish and use your name, likeness and voice in connection with your Submission. In addition, by uploading a Submission to the Site, you hereby waive any rights of privacy or publicity. You also grant Helped the right to grant any of the above rights to other persons or entities, including for the purpose of promoting the Site or the Helped business, without any compensation or obligation to you. You also grant Helped the right and authority to send takedown notices (on your behalf) related to your Submission to any individual or entity under the Digital Millennium Copyright Act.

Helped will not pay you for your Submission. You also understand and agree that Helped may, in its sole discretion, refuse, or remove part or all of your Submission from the Site at any time if Helped considers the Submission to be illegal, offensive, harassing, infringing, inappropriate or otherwise violates these Terms or other policies. For each Submission, you represent and warrant that you have all rights necessary for you to post or submit the Submission and to grant the licenses and permissions in this section and that you are solely responsible for the content of your Submission. Further, you represent and warrant that your Submission does not violate any law.

Helped reserves the right to review and monitor Submissions but is under no obligation to do so. In addition, Helped is not responsible for screening, monitoring or editing Submissions. However, we may monitor your Submissions and may disclose information about you, including the contents of such Submission, if we deem it necessary to: (1) conform to legal requirements or respond to legal process; (2) ensure your compliance with these Terms or other Helped guidelines or policies; or (3) protect the rights, property, or interests of Helped, its employees, its users, or the public.

You may also request information directly from a Helped Clinical Partner by submitting an inquiry through a care coordinator or by communicating with the Helped Clinical Partner directly through telephone call, text message, or email. You understand these requests, including personally identifiable information, are made voluntarily and are subject to the Helped Privacy Policy. There is no guarantee that a Helped Clinical Partner will respond to any request submitted. In addition, by submitting a request to a Helped Clinical Partner, you understand that Helped may contact you by phone, email or text message about your request. All standard message and data charges will apply to any text messages.

7. Reviews or Content Posted by Others

Helped does not have any responsibility, including editorial control, of any content posted by other Helped Patient Members, Helped Clinical Partners or other third party content providers on the Site. The statements or content posted by Helped Patient Members, Helped Clinical Partners or other third party content providers on the Site are those of the Patient Members, Helped Clinical Partners or other third party content providers and are not the opinion of Helped. Helped does not make any representations or warranties about the accuracy or reliability of the content, including the opinions, statements or information posted by the Helped Patient Members, Helped Clinical Partners or other third party content providers on the Site. The Helped Patient Members, Helped Clinical Partners and other third party content providers are solely responsible for the content posted by them respectively.

Helped does not endorse or recommend any specific content, procedures, products, opinions, Helped Clinical Partners or any other material or information available on the Site. In addition, the Helped Clinical Partners featured on the Site are not employees or independent contractors of Helped and Helped does not make any warranties about the qualifications of the Helped Clinical Partners or the costs of the procedures or products featured on the Site.

8. Copyright Policy

If you believe that your Submission or any other work has been used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Sway Health, Inc. at hello@tryhelped.com. Provide all of the following in writing: (1) identify the copyrighted work you claim has been infringed or if multiple copyrighted works, then a representative list of such works on the website; (2) identify the material on the website that you claim is infringing and with enough detail so that we may locate the material; (3) provide a statement that you have a good faith belief that the use of the material on the website is not authorized by the copyright owner, its agent, or the law; (4) provide a statement declaring that the notification is accurate, and, under penalty of perjury, that you are the owner of the copyright interest involved or that you are authorized to act on behalf of the exclusive owner; (5) provide information reasonably sufficient to permit Helped to contact you, such as an address, telephone number, and email address; and (6) your physical or electronic signature. Upon receipt of notice as described above, Helped will take whatever action, in its sole discretion, it deems appropriate, including removal of the alleged infringing material from the website.

9. Links to Other Websites; Third Party Promotions

The Site may contain links to other websites maintained by third parties (“Third Party Website”) or you may be able to log into the Site through a Third Party Website. Third Party Websites are not under the control of Helped and Helped does not endorse or assume any responsibility for the content, information or functionality of any Third Party Website. As a result, your access or use of any Third Party Website is at your own risk and these Terms, Privacy Policy, and any other policies do not apply or govern any Third Party Website. You expressly relieve Helped of any and all liability related to the functionality, content or information contained on any Third Party Website. In addition, your dealings with or participation in promotions of third parties (including Helped Clinical Partners) found on the Site, including payment and delivery of goods or services or any other terms (such as warranties) are solely between you and the third parties. You agree that Helped shall not be responsible to you for any loss or damage of any kind relating to your dealings with such third parties.

10. Helped Intellectual Property Rights

Helped grants you a limited, personal, revocable, non-assignable and non-exclusive license to use the Site. Helped owns the text, photographs, videos, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, decision algorithms, and all other elements and components of the Site (“Helped Content”), excluding your Submissions. Helped owns the copyrights, trademarks, service marks, trade names and other intellectual property and proprietary rights throughout the world associated with the Helped content and the Site which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. You may not modify, reproduce, republish, frame, download, transmit, distribute, rent, lease, loan, sell, assign, license, sublicense, reverse engineer, disassemble, publicly display or create derivative works based on any of the Helped content in whole or in part, or the Site except as expressly authorized in writing by Helped. In addition, Helped does not grant any express or implied rights in and to the Site or Helped content, and all rights in and to the Site and the Helped content, are retained by Helped.

11. HELPED DISCLAIMS ALL WARRANTIES

HELPED PROVIDES THE SITE, THE HELPED CONTENT AND ALL INFORMATION, MATERIALS AND OTHER CONTENT AVAILABLE ON THE SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS “WITH ALL FAULTS.” HELPED DISCLAIMS ALL WARRANTIES OF ANY KIND (WHETHER EXPRESS OR IMPLIED) AS WELL AS ANY GUARANTEES OR CONDITIONS RELATED TO THE SITE. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW, HELPED DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT AND NON-INFRINGEMENT. HELPED DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ANY ELECTRONIC COMMUNICATION FROM HELPED WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DEFECTS. IN ADDITION, HELPED EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY WITH RESPECT TO SEPARATE AGREEMENTS YOU MAY MAKE WITH HELPED CLINICAL PARTNERS, OR OTHER THIRD PARTIES AND YOU WILL LOOK SOLELY TO SUCH PERSONS AND/OR ENTITIES WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF SUCH AGREEMENTS. FURTHER, HELPED DOES NOT REPRESENT OR WARRANT THAT THE SITE OR THE CONTENT AVAILABLE ON THE SITE WILL ASSIST YOU IN FINDING A SUITABLE HEALTHCARE PROVIDER OR FOR ANY OTHER PURPOSE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. WHILE HELPED TAKES REASONABLE PHYSICAL, TECHNICAL AND ADMINISTRATIVE MEASURES TO SECURE THE HELPED SITE, HELPED DOES NOT GUARANTEE THAT THE HELPED SITE CANNOT BE COMPROMISED.

12. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL HELPED OR THE HELPED PARTNERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED, TO LOSS PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF USE) ARISING OUT OF OR RELATING TO THE USE OF THE SITE EVEN IF HELPED OR ANY OF THE HELPED PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, IN NO EVENT SHALL HELPED BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN BY A PARTY (INCLUDING, WITHOUT LIMITATION, BY ANY USER OR PATIENT MEMBER) IN RELIANCE ON ANY CONTENT, TREATMENT ELIGIBILITY RECOMMENDATION, OR OTHER INFORMATION ABOUT HELPED CLINICAL PARTNERS OR PROCEDURES POSTED ON THE SITE. HELPED SHALL NOT BE LIABLE FOR ANY DAMAGES, DELAYS, OR NON-PERFORMANCE CAUSED BY FACTORS OR ACTIVITIES BEYOND ITS REASONABLE CONTROL, INCLUDING DELAYS AND NONPERFORMANCE CAUSED BY VIRUSES, DENIAL OF SERVICE ATTACKS, OTHER ACTS OR OMISSION OF THIRD PARTIES, INTERNET SERVICE PROVIDER FAILURES, STRIKES, LOCKOUTS, WORK SLOWDOWNS OR STOPPAGES, ACCIDENTS, FIRES, TERRORISM, ACTS OF GOD, GOVERNMENT RESTRICTIONS, MECHANICAL, ELECTRONIC OR COMMUNICATIONS FAILURES, WAR OR INSURRECTION.

NOTWITHSTANDING ANYTHING IN THESE TERMS, THE AGGREGATE LIABILITY OF THE HELPED PARTNERS TO YOU IN CONNECTION WITH THE SITE (INCLUDING ANY THIRD PARTY CONTENT ON THE SITE) AND THESE TERMS WILL BE LIMITED TO THE AMOUNT, IF ANY, PAID BY YOU TO HELPED FOR USE OF THE SITE IN THE SIX (6) MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, EVEN IF HELPED HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING TYPES OF LOSSES OR DAMAGES.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

13. Changes to the Site; Updates; Suspension of Your Use of the Site; User Account Closure

We may change the Site or delete features of the Site at any time and for any reason without notice in our sole discretion. We are not obligated to provide maintenance, technical support or updates to you for the Site, but we may provide these in our discretion. We may terminate or suspend your use of the Site at any time in our discretion. Our termination or suspension may be without cause and/or without notice. You may terminate your use of the Site at any time, with or without cause, by emailing us at hello@tryhelped.com. Upon termination, your right to use the Site ceases immediately. Once your use of the Site is terminated or suspended, any data you have stored on the Site may not be retrieved later.

14. Jurisdiction

Helped controls and operates the Site from its offices in Denver, Colorado in the United States and Helped does not represent that the Site, the Content, the Helped content or the Submissions by either Helped Clinical Partners or Patient Members, are appropriate, available or may be downloaded for use outside the United States. If you are located outside the United States and you use the Site and the Service, then you are responsible for complying with all of your local laws if and to the extent your local laws are applicable. These Terms and the Site are governed by United States federal law and the laws of the State of Colorado, excluding any conflicts of law provisions. Registering for a User Account, accessing, browsing or otherwise using the Site means you hereby consent to the exclusive jurisdiction of the state and federal courts in Denver County, Colorado and you waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Denver County, Colorado.

15. Indemnification

You agree to indemnify and hold harmless Helped and the Helped Partners from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys’ fees, arising out of or in connection with: (a) your Submissions or any other Content you post or submit to or through the Site; (b) your use of the Site; (c) your conduct in connection with the Site or with other users of the Site, and; (d) any violation of these Terms, any other Helped policy or of any law or the rights of any third party.

16. Claim Must Be Filed Within One Year; Arbitration

Any dispute, claim or controversy arising out of or relating to these Terms, Helped or the Site or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms to arbitrate, shall be determined by final and binding arbitration as the sole and exclusive remedy for such controversy or dispute. Any claim shall be made by filing a demand for arbitration within one (1) year following the event first giving rise to the claim. The arbitration shall be held in Denver County, Colorado before one arbitrator. The arbitration shall be governed by the Federal Arbitration Act and the arbitration shall take place according to the rules of the American Arbitration Association. Judgment on the Award may be entered in any court having jurisdiction. Each party shall bear all of its own costs of arbitration except the fee for the arbitrator shall be equally split between the parties. The arbitrator shall not have the authority to modify these Terms or award punitive or exemplary damages to either party. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Seeking any such remedies shall not constitute a waiver of either party’s right to compel arbitration.

17. Your Notices to Us

You may contact us by email at hello@tryhelped.com.

18. Our Notices to You; Consent Regarding Electronic Information

This contract is in electronic form. There may be other information regarding the Site that the law requires us to send you. You agree that we may send you this information in electronic form. You have the right to withdraw this consent, but if you do, we may terminate your ability to use the Site. We may provide required information to you (1) via email at the email address you specified when you signed up for the Site (or subsequently provided when updating your account information), (2) by access to a Helped website that will be designated in an email notice sent to you at the time the information is available, or (3) by access to a Helped website that will be generally designated in advance for this purpose. Notices provided to you via email will be deemed given and received on the transmission date of the email. As long as you access and use the Site, you will have the necessary software and hardware to receive these notices. If you do not consent to receive any notices electronically, you must stop using the Site immediately.

19. Miscellaneous

These Terms constitute the entire agreement between you and Helped regarding the use of the Site, and supersedes any prior agreements between you and Helped relating to your use of the Site. The failure of Helped to exercise or enforce any right or provision of these Terms or any prior version of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814 or by telephone at (800) 952-5210. Sections 5, 12-20 shall survive the termination of these Terms.

Last updated: April 11, 2022

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